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ERIC Number: ED548224
Record Type: Non-Journal
Publication Date: 2012
Pages: 446
Abstractor: As Provided
Reference Count: N/A
ISBN: 978-1-2673-8339-6
ISSN: N/A
An Analysis of Court Cases Involving Reduction in Force of K-12 Public School Employees, 1984-2010
Pugh, Dale
ProQuest LLC, Ed.D. Dissertation, The University of Alabama
As more and more school systems are forced to implement reduction-in-force, litigation over reduction in the number of professional personnel, as well as job security, will continue to increase. As a result, there is a need for school administrators to develop a better understanding of the issues, outcomes, and legal trends resulting from litigation involving reduction-in-force policy implementation. This study was a document-based qualitative study that was historical in nature and embedded in the review of case law. The cases were briefed and analyzed to determine the issues, outcomes, and legal trends surrounding the implementation of reduction-in-force policy in public school systems across the country. The study involved 147 cases over a 27-year period starting in 1984 and ending in 2010. The study revealed six issues (enrollment decline, budgetary restraints, consolidation/reorganization, reduction in teaching positions, curricular changes, and other good or just cause) that tended to lead to the implementation of reduction-in-force. Outcomes consisted of 99 cases resulting in summary judgment for the school system, 40 cases where summary judgment was awarded to the employee, and 8 cases that resulted in summary judgment being awarded to both. Legal trends that were consistent included school systems being awarded summary judgment when it was determined they were following their reduction-in-force policy, they abided by the collective bargaining agreement if one had been established, and they acted in a manner that was not considered arbitrary, fraudulent, unreasonable, or based upon an erroneous theory of law. When this failed to happen, the trend was for summary judgment to be granted to the employee(s). The conclusion of the study provided results that were used in developing guiding principles for school administrators to be aware of when developing and implementing reduction-in-force policy. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]
ProQuest LLC. 789 East Eisenhower Parkway, P.O. Box 1346, Ann Arbor, MI 48106. Tel: 800-521-0600; Web site: http://www.proquest.com/en-US/products/dissertations/individuals.shtml
Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A